According to the the Copyright Act,1957, the ' copyrights' means the exclusive right to do or authorise the doing of a 'work' or a substantial part of it. The term 'work' used here means:-
- A literary work:- it includes computer programmes,tables , compilations and computer databases.
- A dramatic work:- it includes any piece of recitation, choreographic work or entertainment in dumb show,the scenic arrangement or acting,whose form is fixed in writing or otherwise.
- A musical work:- it includes works of music, any graphical notation of such work but does not include any words or action intended to be sung,spoken or performed with the music.
- An artistic work:- it means a painting,a sculpture,a drawing (including a diagram,map,chart or plan),an engraving or a photograph,whether or not they possess artistic quality. It also includes a work of architecture and any other work of artistic craftsmanship.
- A cinematographic film:- it means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means.
- A sound recording:- it means recording of sounds from which sounds may be produced regardless of the medium by which sounds are produced.
'Related rights' are the rights of performers such as actors, singers and musicians; producers of phonograms and broadcasting organisations.
Copyright is under the charge of the Department of Higher Education in the Ministry of Human Resource Development. The Law of Copyrights in India is governed by the Copyright Act,1957. A Copyright Board is established under the Act. The Board is entrusted with the task of adjudication of disputes pertaining to copyright registration, assignment of copyright, grant of licences in respect of works withheld from public, unpublished Indian works, production and publication of translations and works for certain specified purposes. The Act, set up a Copyright Office under the control of Registrar of Copyrights, for the registration of Copyrights.
Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring copyright. In other words, acquisition of copyright is automatic and registration is optional. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.
The facilities for having the work registered in the Register of Copyrights is maintained in the Copyright Office of the Department of Education. The Copyright Office has been set up to provide registration facilities to all types of works.
The Copyright Rules,1956, sets out the procedure for the registration of a work. The procedure for registration is as follows:-
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Application for registration is to be made on Form IV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the Rules.
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Separate applications should be made for registration of each work.
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Each application should be accompanied by the requisite fee prescribed in the Rules.
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The applications should be signed by the applicant or the advocate in whose favour a Vakalatnama or Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed. Each and every column of the Statement of Particulars and Statement of Further Particulars should be replied specifically
Both published and unpublished works can be registered. When a work has been registered as unpublished and subsequently it is published, the applicant may apply for changes in particulars entered in the Register of Copyright in Form V with prescribed fee.
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